Statute of limitations on debt in Kansas

5 years to sue on a written contract and 3 years on an open account (K.S.A. 60-511(1) (written contracts, 5 years); K.S.A. 60-512(1) (contracts not in writing, 3 years); K.S.A. 60-520).

Short answer

In Kansas, a creditor or debt collector has 5 years to sue on a written contract and 3 years to sue on an open account or unwritten agreement. In Kansas, even a payment can matter: Yes. If you make any payment on the principal or interest, the full limitation period starts over from that payment. A written, signed acknowledgment or promise to pay also restarts it.

Written contracts
5 years
Open accounts and unwritten agreements
3 years
Can a payment restart the clock?
Yes, it can

Kansas's time limits to sue on a debt

Law
K.S.A. 60-511(1) (written contracts, 5 years); K.S.A. 60-512(1) (contracts not in writing, 3 years); K.S.A. 60-520
Official text
Read the law

Kansas's 5 years for written contracts is shorter than the most common limit in our 48 state guides (6 years); 7 states, Kansas included, have this limit. For comparison, the written-contract limit is 5 years in Nebraska, 10 years in Missouri, 5 years in Oklahoma and 6 years in Colorado.

If a collector breaks the law in Kansas

If a collector breaks the rules: Under the Consumer Protection Act. A consumer harmed by a violation can sue for actual damages or a civil penalty of up to $10,000 per violation, whichever is greater (K.S.A. 50-634(b), 50-636(a)). You can also ask a court to declare a practice illegal or to stop it (K.S.A. 50-634(a)).

Does paying restart the time limit in Kansas?

Yes. If you make any payment on the principal or interest, the full limitation period starts over from that payment. A written, signed acknowledgment or promise to pay also restarts it. A spoken promise does not (K.S.A. 60-520(a)).

Other Kansas rules on old debts

  • In Kansas, a payment on an old debt can restart the 5-year clock (K.S.A. 60-520(a)).
  • Kansas protects your home with no dollar cap, within the acreage limits (K.S.A. 60-2301).

Is my debt too old? Check Kansas's time limit

Kansas: 5 years for a written contractEnter the date of your last payment to see when the time limit ends.

If you are sued on an old debt in Kansas

Raise the time limit in your answer. Time to answer in Kansas: Limited actions (most debt cases in district court): you must appear or file an answer by the date on the summons. The court sets that date 14 to 50 days after the summons is issued (K.S.A. 61-3002). Regular civil cases (Chapter 60): 21 days after you are served (K.S.A. 60-212(a)).

If you don't appear or answer by the deadline, the court will enter a default judgment against you for what the creditor asked for (K.S.A. 61-3002(a)).

What to do if you are sued in Kansas

What to do about an old debt in Kansas

  1. Match the debt to the right limit

    Kansas gives 5 years for written contracts and 3 years for open accounts. Not sure which a credit card is? Try both in the checker.

  2. Check before you pay anything

    In Kansas: Yes. If you make any payment on the principal or interest, the full limitation period starts over from that payment. A written, signed acknowledgment or promise to pay also restarts it.

  3. Ask the collector for proof

    Send a dispute letter within 30 days of the validation notice.

  4. Report a collector who sues on an old debt

    Report it to Kansas Attorney General, Consumer Protection Division and to the CFPB at consumerfinance.gov/complaint.

Federal rules on old debts

A collector may not sue or threaten to sue on a time-barred debt (12 CFR 1006.26(b)). Most collection accounts can stay on a credit report for up to 7 years from 180 days after you first fell behind (15 U.S.C. 1681c). More in our guide to time-barred debt.

Free legal and consumer help in Kansas

Questions about old debts in Kansas

What is the statute of limitations on debt in Kansas?

5 years for written contracts and 3 years for open accounts and unwritten agreements (K.S.A. 60-511(1) (written contracts, 5 years); K.S.A. 60-512(1) (contracts not in writing, 3 years); K.S.A. 60-520).

Does paying on an old debt restart the clock in Kansas?

Yes. If you make any payment on the principal or interest, the full limitation period starts over from that payment. A written, signed acknowledgment or promise to pay also restarts it. A spoken promise does not (K.S.A. 60-520(a)).

How long do collectors have to sue on an unwritten agreement in Kansas?

For open accounts and unwritten agreements, Kansas's limit is 3 years (K.S.A. 60-511(1) (written contracts, 5 years); K.S.A. 60-512(1) (contracts not in writing, 3 years); K.S.A. 60-520).

Related Kansas pages